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ARMY | DRB | CY2012 | AR20120010900
Original file (AR20120010900.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2012/5/31	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was discharged for a personality disorder, he has been diagnosed and granted service connected for PTSD and would like his narrative reason for discharge changed to PTSD.  He contends legislation passed in 2008 states the change can occur.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 031113
Discharge Received: 			   Date: 031202   Chapter: 5-13      AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: HHT, 3/3d Sqd, Fort Carson, CO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 020521    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 06  Mos, 12  Days ?????
Total Service:  		01 Yrs, 06  Mos, 12  Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 19K10/M1 Armor Crewman   GT: 100   EDU: HS Grad   Overseas: SWA   Combat: Iraq (030327-030926)
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 September 2003, the applicant was diagnosed by competent medical authority with an adjustment disorder with depressed and anxious mood, and with a personality disorder not otherwise specified with borderline and schizotypal traits.  
       
       On 12 November 2003, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5, paragraph 5-13, by reason of personality disorder, diagnosed by a medically qualified psychiatrist as suffering from a long standing disorder of characte, behavior, and adaptability which is of such severity as to interfere with his being able to adequately serve in the U.S. Army.  It was also concluded that efforts to rehabilitate or develop him into a satisfactory member of the military would be unsuccessful or unlikely.  The unit commander recommended an honorable discharge.  He was advised of his rights.  
       
       On 13 November 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service.  The intermediate commander reviewed the proposed discharge action and recommended approval with an honorable discharge.  
       
       On 18 November 2003, the separation authority directed the applicant’s discharge with a characterization of service of honorable.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200, in effect 17 December 2009, provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides that a Soldier may be separated for personality disorder, not amounting to disability under Army Regulation 635-40 that interferes with assignment to or performance of duty.  The regulation requires that the condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform duty.  The regulation also directs that commanders will not take action prescribed in this Chapter in lieu of disciplinary action; requires that the diagnosis concludes the disorder is so severe that the Soldier’s ability to function in the military environment is significantly impaired; and states that separation for personality disorder is not appropriate when separation is warranted under Chapter 4, 5, 7, 9, 10, 11, 13, 14, or 15; Army Regulation 604-10 or Army Regulation 635-40.  Army policy requires the award of a fully honorable discharge in such case.  Characterization of service under honorable conditions may be awarded to a Soldier who has been convicted of an offense by general court-martial or who has been convicted by more than one special court-martial in the current enlistment, period of obligated service, or any extension thereof.

       c.  Response to Issues, Recommendation and Rationale:  
       ?????

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 31 October 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, Department of Veterans Affairs decision letter, dated 25 June 2009; Department of the Army letter, dated 1 May 2012; and copies documentation from the Department of Veterans Affairs, dated 25 June 2009, 4 pages.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, and voted to deny relief.
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




JOSEPH M. BYERS
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????



Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120010900
______________________________________________________________________________


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